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The prosecutor's appeal is dismissed.
Reasons
1. Although the gist of the grounds for appeal is likely to fall under the public toilets under Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the court below acquitted the Defendant of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, by misunderstanding of facts or misunderstanding of legal principles, and thereby finding the Defendant not guilty of the attempted entry of a structure by misunderstanding of facts or misunderstanding of legal principles.
2. Each of the facts charged
A. A. On October 26, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into a public place for sexual purpose) was stolen from the front of the window of the public toilet with the trade name "D" located in Songpa-gu Seoul Metropolitan Government on October 20, 2015 in the front of the window of the public toilet located in Songpa-gu Seoul, and it is clear that the female is a clerical error in the written indictment of the victim E (the age of 28) who was pushed ahead of the toilet window with his face being pushed back into the toilet window, and was reporting his face from 3 years of age, and then stolen the form of the victim E (the age of 30, and the age of 30), but it is obvious that it is a clerical error in the “E”.
(The facts charged alternatively added are also the same). Although they want to close their windows, they again opened the toilet window over 2 to 3 times and opened the face into the toilet.
Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.
B. The Defendant attempted to enter a structure (the facts charged alternatively added) refers to the date and time set forth in the preceding paragraph, and the perception that a female, while under the influence of alcohol at a place, steals the form of being breath to the port, and then pushing ahead of the toilet window to the port, and then “BAB”, and his face to the window of a toilet.